Delhi High Court - Orders
K C Bhatia vs Israni Buildwell Pvt Ltd & Anr on 25 February, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2391/2013 & I.A. 980/2022
K C BHATIA ..... Plaintiff
Through: Mr. Manu Nayar, Advocate.
versus
ISRANI BUILDWELL PVT LTD & ANR. ..... Defendants
Through: Mr. Vijay Israni, Director of
Defendants.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 25.02.2022
[VIA HYBRID MODE]
I.As. 980/2022 (u/ Order XXII Rule 3 r/w Sec. 151 of the Code of Civil Procedure, 1908 [hereinafter "CPC"] on behalf of the legal heirs of the deceased Plaintiff viz. Sh. K.C. Bhatia seeking substitution), I.A. 981/2022 (u/ Sec. 5 of the Limitation Act, 1963 [hereinafter "the Limitation Act"] r/w Sec. 151 of CPC seeking condonation of delay of 3 days in filing I.A. 980/2022) and I.A. 982/2022 (u/ Order XXIII Rule 3 r/w Sec. 151 of CPC seeking decree in terms of the Settlement Agreement dated 08th November, 2019)
1. The Plaintiff viz. Mr. K.C. Bhatia has deceased on 19th June, 2020. By way of the aforesaid applications, legal representatives of the deceased Plaintiff are sought to be brought on record.
2. Owing to delay in filing the application seeking substitution of the deceased Plaintiff [viz. I.A. 980/2022], an application seeking condonation of delay under Sec. 5 of the Limitation Act has been filed.
3. For the grounds and reasons stated in the said application, the same is Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:03.03.2022 12:15:21 allowed and the delay of three days in filing I.A. 980/2022 stands condoned.
4. It is averred that the parties have executed a Settlement Agreement dated 08th November, 2019 that includes Mr. Chander Shekhar Bhatia, (son of the deceased Plaintiff) proposed legal heirs of the deceased Plaintiff as a party.
5. The proposed legal heirs viz. Ms. Raj Bhatia, Mr. Chander Shekhar Bhatia, Mr. Naveen Bhatia and Ms. Simy Taneja, are impleaded as parties to the present suit as Plaintiffs No. 1, 2, 3 and 4, respectively. Let the amended memo of parties be filed within a period of three weeks from today.
6. Mr. Manu Nayar, counsel for the Plaintiff (who has joined virtually) and Mr. Vijay Israni, Director of Defendant-Company, (who is present in person), confirm that the parties have settled the disputes vide Settlement Agreement dated 08th November, 2019 and all payments due to the Plaintiff stand paid.
7. In view of the foregoing, Mr. Nayar states that he would like to withdraw the present suit.
8. Dismissed as withdrawn.
I.A. 983/2022 (u/ Sec. 151 of CPC seeking refund of court fee)
9. In view of the foregoing, since the parties have settled the matter, the Registry is directed to issue a certificate for the refund of the entire court fees in favour of the legal heirs of the deceased Plaintiff viz. Ms. Raj Bhatia, Mr. Chander Shekhar Bhatia, Mr. Naveen Bhatia and Ms. Simy Taneja.
10. Accordingly, the application stands disposed of.
SANJEEV NARULA, J FEBRUARY 25, 2022/zp Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:03.03.2022 12:15:21